People v. Budzinski

The defendant has been indicted by the grand jury of Oneida county for a violation of section 480 of the Penal Law. On April 13,1936, the defendant was arraigned upon the indictment and entered a plea of not guilty. On April fourteenth the defendant procured an order directing the People to show cause on the following day why the indictment should not be set aside. It is admitted that the only witness examined before the grand jury was Ann Budzinski, the wife of the defendant, and that no other evidence was offered before the grand jury.

The defendant contends that his wife was not a competent…